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2017 Supreme(Chh) 353

THOTTATHIL B.RADHAKRISHNAN, SHARAD KUMAR GUPTA
Sunita Sarthi, W/o Vinod Sarthi – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant :Shri Mateen Siddiquie, Advocate
For the Respondents:Shri R.K. Gupta, Deputy Advocate General
For the Caveator :Shri Ali Asgar, Advocate

JUDGMENT :

Thottathil B. Radhakrishnan, J.

1. We have heard the learned counsel for the Appellant/ Writ Petitioner, the learned counsel for the State and the learned counsel for the Caveator.

2. The Writ Petitioner/Appellant is the Sarpanch of a Gram Panchayat. She was removed from the post. That was challenged before this Court. Through order dated 06.04.2017 in W.P.(C) No. 430 of 2017 passed by the learned Single Judge, the order of removal was set-aside with a direction to proceed in accordance with law as contained in the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 (hereinafter referred to as the 'Rules').

3. Thereafter, a show cause notice with charge-sheet was served upon the Petitioner. This was followed by an order of suspension by the Prescribed Authority in terms of Section 39(1) (b) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the 'Adhiniyam, 1993'). The Writ Petition was instituted challenging that suspension order. The learned Single Judge relegated that the writ petitioner Sarpanch to statutory alternate remedy as is available under the relevant Rules.

4. In this appeal, the learned counsel for the Appellant argued that the ea






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